S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        904--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2015
                                      ___________
       Introduced   by  Sens.  MONTGOMERY,  AVELLA,  HASSELL-THOMPSON,  PARKER,
         PERKINS -- read twice and ordered printed,  and  when  printed  to  be
         committed  to the Committee on Education -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN ACT to amend the education law, in relation to mayoral control of the
         city school district of the city of New York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Paragraph (a) of subdivision 1 of section  2590-b  of  the
    2  education law, as amended by chapter 345 of the laws of 2009, is amended
    3  to read as follows:
    4    (a)  The board of education of the city school district of the city of
    5  New York is hereby continued. Such board of education shall  consist  of
    6  thirteen  appointed  members: one member to be appointed by each borough
    7  president of the city of New York; FOUR BY THE CITY COUNCIL, ONE OF WHOM
    8  SHALL BE A REPRESENTATIVE OF A COLLEGE OR UNIVERSITY, ONE OF WHOM  SHALL
    9  BE A MEMBER OF PARENT ORGANIZATIONS AND ONE OF WHOM SHALL BE A MEMBER OF
   10  A  COMMUNITY  DISTRICT EDUCATION COUNCIL; and [eight] FOUR members to be
   11  appointed by the mayor of the city of New  York.  The  chancellor  shall
   12  serve  as  an  ex-officio  non-voting member of the city board. The city
   13  board shall elect its own chairperson from among its voting members. All
   14  thirteen appointed members shall serve at the pleasure of the appointing
   15  authority and shall not be employed in any capacity by the city  of  New
   16  York,  or  a subdivision thereof, or the city board. No appointed member
   17  of the city board shall also be a member, officer, or  employee  of  any
   18  public corporation, authority, or commission where the mayor of the city
   19  of New York has a majority of the appointments. Each borough president's
   20  appointee shall be a resident of the borough for which the borough pres-
   21  ident  appointing  him  or  her was elected and shall be the parent of a
   22  child attending a public school within the city school district  of  the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02771-02-5
       S. 904--A                           2
    1  city  of  New  York.   Each mayoral appointee shall be a resident of the
    2  city and [two] ONE shall be [parents] A PARENT of a  child  attending  a
    3  public  school  within  the city district.   All parent members shall be
    4  eligible  to continue to serve on the city board for two years following
    5  the conclusion of their child's attendance at a public school within the
    6  city district. Any vacancy shall be filled by appointment by the  appro-
    7  priate appointing authority within ninety days of such vacancy. Notwith-
    8  standing  any provision of local law, the members of the board shall not
    9  have staff, offices, or vehicles assigned to  them  or  receive  compen-
   10  sation  for  their  services, but shall be reimbursed for the actual and
   11  necessary expenses incurred by them in the performance of their duties.
   12    S 2. The opening paragraph of section 2590-h of the education law,  as
   13  amended  by  chapter  345  of  the  laws  of 2009, is amended to read as
   14  follows:
   15    The office of chancellor of the city  district  is  hereby  continued.
   16  Such  chancellor  shall  serve at the pleasure of and be employed by the
   17  [mayor] CITY BOARD of the city of New York by contract.  The  length  of
   18  such contract shall not exceed by more than two years the term of office
   19  of  the  [mayor]  CITY  BOARD  authorizing such contract. The chancellor
   20  shall receive a salary to be fixed by the [mayor] CITY BOARD within  the
   21  budgetary  allocation  therefor. He or she shall exercise all his or her
   22  powers and duties in a manner not inconsistent with the city-wide educa-
   23  tional policies of the city board. The chancellor shall have the follow-
   24  ing powers and duties as the superintendent of schools and chief  execu-
   25  tive  officer for the city district, which the chancellor shall exercise
   26  to promote an equal educational opportunity  for  all  students  in  the
   27  schools  of  the  city  district, promote fiscal and educational equity,
   28  increase student achievement and school performance and encourage  local
   29  school-based innovation, including the power and duty to:
   30    S  3.  This  act shall take effect on the thirtieth day after it shall
   31  have become a law; provided, however, that the amendments to subdivision
   32  1 of section 2590-b and the opening paragraph of section 2590-h  of  the
   33  education  law made by sections one and two of this act shall not affect
   34  the expiration of such provisions and shall be deemed to  expire  there-
   35  with.